Dillingham v. Hall

This appeal arises from a chancery cause to establish an easement by necessity. After decreeing that such an easement existed, the chancellor awarded damages to the owners of the dominant tenements in the amount of one dollar per day for each day the easement had been obstructed by the owner of the servient tenement. The sole question on appeal is whether such an award of damages is proper in the absence of any evidence of the monetary value of the loss sustained by the owners of the dominant tenement.

The essential facts are undisputed. Nancy M. Hall, Dorothea Moore Warren, and Sarah…